Last July, ministers risked Conservative backbench anger after saying that Britain should continue to apply 35 of those rules, including those around the warrant.

The EU agreement means that Britain must formally opt out of all 133 measures, then opt back into the 35 chosen by ministers.

Supporters of the EAW, who include British police chiefs, say it is a vital tool for bringing serious criminals to justice.

But Conservative critics of the arrest warrant say it gives other countries’ legal systems unacceptable power over British citizens, exposing them to extradition requests over trivial cases elsewhere in Europe.

To placate those critics, ministers have promised to apply a new “proportionality” test to EAW applications, which they say will ensure trivial applications are rejected. Labour has warned that the reforms are unlikely to win backing elsewhere in Europe.

The EU document, dated March 26, sets out the views of countries in the Friends of the Presidency Group that is considering the British opt-outs.

It shows that Spanish government is questioning whether the British plan for the warrant is viable.

“We bear many doubts about the UK’s intention to introduce a proportionality test to the European Arrest Warrants submitted by the other Member States,” the Spanish wrote in a memo.

Participating in the arrest warrant requires the use of the EU’s Schengen Information System – known as SIS II -- where several EU nations pool data about criminal suspects.

Spain has questioned whether Britain can be allowed that access on the basis of its current plans.

Before Britain can be given access to the SIS II database, “an opinion from the Commission is necessary to assess whether the proportionality test complies” with EU rules.

The French submission shows that France has submitted a series of questions to Britain about the conditions it plans to put on arrest warrants.

“It is important that the British delegation provide precise answers on those aspects which seem to us to be problematic both legally and practically,” the French wrote. The French note also raises questions about Britain’s access to the Schengen database.

Several EU nations, including Germany, also used the document to suggest that Britain will have to sign back up to more EU justice rules than British ministers have suggested are necessary.

MPs will debate the opt-in plans today. However, to avoid a Tory revolt on the arrest warrant, ministers have refused to grant the Commons a vote on the opt-in plan until after a legal deadline for rejoining at the end of May.